Ex-cop claims loss of hearing

A retired city detective who is director of one of the state’s largest law enforcement unions has filed a claim against the city for hearing loss he said is a result of exposure to noise from sirens and gunfire.

The claim was filed by James F. Lyman, 45, of Loudonville, who is executive director of the Albany-based Council 82. The umbrella union covers more than 75 police agencies statewide, including Albany. Lyman became full-time leader of Council 82 more than five years ago. He retired from the Albany police force in 2008 after spending several years on union-paid leave.

Lyman did not respond to a request for comment on Wednesday. The most recent public tax filings for Council 82 list Lyman’s annual salary at more than $146,000. He also receives an annual state pension of $40,836, records show.

Lyman, who joined the department in 1988, testified at a recent workers compensation hearing that he was diagnosed with hearing loss in September 2009. He testified that as a detective he was exposed to loud noises, especially sirens, several times a day while riding in unmarked police cars.

“I noticed difficulty hearing, watching TV with background noises; my wife telling me that I was not paying attention and not listening,” Lyman testified during the hearing.

Lyman was a patrol officer for two years, a narcotics detective for 11 years, and the remainder of his active police career he was assigned to the criminal detective unit. He left the department on full-time union leave around 2004. Lyman said a doctor told him last year that his hearing could be improved with the use of a hearing aid. “He said it was odd to him that a man of my age would have the hearing loss that I have right now.”

At the recent hearing, Lyman attributed his health problems to on-the-job noise, including sirens, gunfire and the “chaos” he described as coming from years of crashing through doors with “no-knock warrants.”

“How often would you be exposed to these types of noises?” he was asked by his attorney, Alex Dell.

Lyman said as a detective for 17 of his 20 years on the police force he was subjected daily to noise from “traffic, sirens, shouting, screaming, gunshots.”

“With respect to shouting and screaming, where would the source of that come from?” Dell asked.

“Either in the office or on calls,” Lyman said. “In narcotics, it was no-knock entries where people would be going about their daily business and we would come crashing through the door. … It’s just bedlam, screaming, yelling, people running all around.”

The narcotics unit used no-knock search warrants “99 percent of the time,” he said. “We crash the door in and try to take control.” Lyman said loud noises associated with that work included the sound of the door breaking as well as the occasional use of “flash bang” devices, which are federally registered explosive devices designed to stun the senses of people nearby.

Lyman testified he also was exposed to loud noise from gunfire, mostly during training sessions at the department’s firing range. A department policy in place for more than 20 years requires officers to wear protective devices over their ears and eyes at all times while guns are being fired on the range, police officials said Wednesday.

“On the range, sometimes there was, like, headphones that we would use,” Lyman testified. “I didn’t, like, walk around on patrol with them on.”

According to a transcript of the proceeding, Jeffrey Fox, a private attorney handling the case for the city, asked Lyman during cross-examination if he recalled undergoing a hearing test prior to joining the force that showed he had hearing loss in both ears. Lyman was 23 years old at the time.

Lyman acknowledged he was aware of the hearing test. “Yeah, I don’t know the magnitude,” he said. “Nobody ever told me I had a hearing loss.”

“Is it fair to say as a detective you wouldn’t utilize a siren that often?” Fox asked.

“Because we were in an unmarked car … we had to do everything we possibly could to let the person know we were pulling over that we were the police,” Lyman answered. He added that as a narcotics detective he used a siren “more than when I was in patrol.”

Lyman said that as a detective he used a siren “several times” a day. He said the detectives’ unmarked cars had sirens under the dashboard. “We had to rig them up ourselves,” he said.

Lyman is seeking unspecified monetary compensation from the city, which is self-insured for workers compensation and police liability cases.

The city’s attorneys could not be reached for comment.

At the recent hearing Fox, the city’s lawyer in the case, told the judge that he had cancelled plans at the last-minute to have a witness appear. It’s unclear who was supposed to testify for the city or why that person did not testify. Fox did not return a telephone call.

Lyman was the only person to testify at the hearing. Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.

27 Responses

How much is this going to cost us? Soldiers lose their hearing from the effects of gunfire, blasts and other loud noises but most of them don’t get reimbursed above and beyond $180,000. salaries. While I feel bad for him if he is completely deaf, if he’s just not able to enjoy the TV as much, I’m a little less sympathetic.

I agree it’s part of the job, why do you think we pay you more than $146,000 a year to drive around in a car. Plus you get to retire after 20 years. Isn’t it partly your fault cops don’t have to take drug tests, nor breath analyzers even if they report to work after drinking, in case yuo forgot Kenneth Wilcox was drinking before he killed himself. Oh I forgot about the cop who was drunk and hit 2 parked cars on New Scotland Ave, but was let go because he was given a breath test, or the cop who ran from police to his home, and wasn’t arested because he also wasn’t tested.

Cops have it way too easy, forget your lawsuit you got paid already in many different types of forms.

“I noticed difficulty hearing, watching TV with background noises; my wife telling me that I was not paying attention and not listening,” Lyman testified during the hearing.

You and how many other husbands are told THAT? Hey, me too! I went out and purchased hearing aids with my own money because I don’t have great union benefits. The hearing aids work great. I guess if I get carpal tunnel after 30 years of accounting work, I will sue my employers instead of taking some personal responsibility.

What unbridled greed! Maybe it’s the several years on union paid leave prior to retirement that has him feeling this undue sense of entitlement. Scary to think what an utter coward and big baby was on the force. We need men and women of courage and valour on the force. I’m betting if I saw his pension, I’d turn green with envy. What about 3/4th of that six figure salary? Man, I’d love to have even half.

Please don’t think all cops are like him. No one at APD respects this guy. Looking back now, I see why so many of the contracts “agreed” to were crap. He thought Jennings was saying “heros” when he was really saying “zeros”. What’s next disabilities for hair loss or bad attitudes or alcoholism or greediness or loss of respect? Does “big fat liar” sound familiar?

WOW, where do I begin? First and foremost who or where in this great state of New York can you have a comfy desk job while getting paid by the force? Not to mentionn retirement after 20 years, oops, 2 years of actual patrol WITH a siren and a detective job that the police force provided protective gear for you to wear, in place for 20 years. Wow where is our protective gear listening to the sirens going down the street everyday. This article from paragraph 1 makes me sick! Actually, it gives answers to why NYS is in such a budget defecit at this time. First it sounds like someone is scamming the system. The sad part about this all is anyone in Albany that has been struggling to get or maintain a job at even $50,000 per year would have the utmost gratitude! And here we have a man that applied for this position fully aware of the dangers, the mishaps and “bedlum” that police officers have to endure. How about the line where he entered the police force with a hearing loss? Hello??? Did anyone investigate this or is this going to take even more of NYS tax dollars to go back to court? Really is anyone really listening to this nonsense? Why are NYS tax payers allowing this nonsense to take place? Because of the budget right now, or lack thereof, schools are losing teachers, people are losing their jobs, and I am not getting a raise, by the way, single parent, of two children making under $30,000 and this man has the audacity to complain about his $200,000 intake a year when he is sitting home watching TV and he can’t hear his wife! Give me a break, shouldn’t this have been in the comic section of the newspaper? My GOD people when are we ever going to be able to stand up and stop people who use the welfare system, the unemployment system and the legal system who get sue happy everytime they get a freakin boo boo! I recently had a motor vehicle accident, after waiting 49 minutes for an Albany Police Officer to arrive, his comment made to me was “well ma’am I am on lunch”. OMG What a freakin joke, it is all a joke! Half the men in Albany that need to support their children don’t even make a measly $30,000 or are priviledged to live in Loudonville, what’s the going rate for a house there? About 300,000 to 400,000? My goodness, life must be awful for him. Maybe we should take up a pity collection so he can hear his precious TV and his wife. YOU HAVE GOT TO LOVE NY AND THE LOCAL P.D. Or should I say, the select bottom feeders? Good luck there Mr. Lyman, if you can hear me, I think they have a sale on the Amplifier at Rite Aid, we can chip in to buy one for you with your hearing loss prior to starting your job. You, Mr. Lyman, NEED to be ashamed of yourself!!!!! Suing a place that put food on your table for 20 years and counting…. I hope you can sleep.

Yes this is a joke,Grow up. You give the rest of the hard working men and women of the Police Department a bad image. Besides, maybe drinking does impair the hearing when trying to listen to the television, what a sorry and lame excuse. I’m sure the hearing doesn’t effect you from going to work if you call it that and prevent you from robbing Council 82 blind. Get over it. Nothing but a BIG FAT CRY BABY HERE!!!!!

I highly doubt, his hearing loss is due to his job. I’m losing hearing in my right ear. Shall I go after the state of NY because my job entailed talking on the phone?
He’s a farce!!
I would guess his health ins. would cover a hearing aid.

ALL law enforcement officers know hearing loss can be a result of their job. Enough with this guy! Why did he JUST come out with this? Is it because he has been attacked for the past weeks about what he does in his “job”? He should be ashamed of himself, but I don’t think he is capable of that.

Over the past two decades or more, police have rarely used sirens. How is it that he used a siren more as a detective “pulling people over” as opposed to regular patrol? Do that many suspects flee? Who’s to say it’s not genetic?

Can I seek relief from my current and past employers for loss of eyesight from using a computer? I’m sick and tired of being treated like a chump by civil servants. The extent of the award should be a hearing aide.

What about him not disclosing he rides a motorcycle…he may use headphones for loud music, etc, it’s not OUR problem, especially since he’s filing YEARS later. And he runs one of the unions. He drank the Kool-Aid and believes he is owed.

He is hoping for a disability pension because that would be on top of his regular pension amd if he gets a disability pension then ALL of his retirement would be free from both State and Federal Income taxes.

The judge is going to give him partial ddisability and then this “hero” will truely be set for life.

Jimmy Lyman was a good cop and is now an excellent representative for Council 82. If he was injured, then he was injured and is due some type of compensation. Leave it up to the medical professionals to decide whether or not if Jim has a disability.

I cannot believe the hostility and hatred toward this man and police officers in general. My husband has also suffered hearing loss from being a police officer. We are facing paying thousands of dollars for hearing aids(he needs two) and our health insurance does not cover the cost, nor does most health insurance. I would be happy if we could get compensation for just the hearing aids.

Police officers risk their lives for the rest of us. My husband was paid an average wage after 23 years of service. Your attitudes make me ill.

Consider the history of these two individuals, only as we know it as reported by local papers, their own comments on radio and TV as well as catching their “act” over the years when they have been out in the public. I would have to say this ranks right up there with the annual media coverage of the most frivolous law suits. It seems about as equally charged as the NYS Department of Corrections inmate who sued because his ice cream was “too melty”.

As a former union official from the D.C. area, I thought I had seen it all!
What an embarrassment to the overwhelming majority of good, honest, hard working, men and woman of the APD and other Law Enforcement Agencies represented by these two.

The fact that you and I will somehow, be paying for this nonsense galls me to no end. This frivolity makes a joke of our justice system. Its bad enough the state compensation board regularly gets raped by malingerers. How hard will it be in the future for those legitimately injured in the line of duty to be compensated after the ” I can’t hear my wife when I am watching TV (Join the Club!), because I used my siren MORE as an UNDERCOVER NARCOTICS DETECTIVE than when I was in Patrol claim?

Does every person over 40 who is on blood pressure medication get to link their disease to a boss or public official that may have questioned the authenticity of something they said? I am no Doctor, but before I tried diagnosing the symptoms these guys describe as related to the District Attorney, I would probably start with more traditional approaches, such as diet and exercise.

I can’t wait for the law suit against America for listening to “talk radio” then commenting on the subject!

PS. Ever heard of the first amendment? Better yet…why don’t you just spit on everyone you disagree with, especially if they are just a “general scumbag”.

I feel sorry for the folks these guys represent. Those few quotations are going to carry some heavy clout come contract talk time!

At what point do you recognize your hurting your people more than helping? It looks, to the uninvolved observer, not until you get every penny you can from anyone around you first. I wonder what the membership thinks?